Michael W. Thrall

Michael Thrall is a member of the firm’s Litigation Department and practices in the area of commercial litigation; life, health, and disability insurance litigation; ERISA litigation; railroad litigation; and complex tort defense.

Michael has been recognized by Best Lawyers in the categories of Bet-the-Company Litigation, Commercial Litigation, and ERISA Litigation. He is a Fellow in the Iowa Academy of Trial Lawyers and a member of the American Board of Trial Advocates, the International Association of Defense Counsel, and the National Association of Railroad Trial Attorneys. Michael is a past President of ABOTA's Iowa Chapter, a past President of the Iowa Defense Counsel Association, and is a former DRI State Representative.

Michael serves on the Defense Research Institute’s Life, Health, and Disability Committee and is a member of DRI’s Electronic Discovery Committee and DRI's Commercial Litigation Committee.

Education

Iowa State University (B.S., 1977)

University of Iowa (J.D., with high distinction, 1980)

Bar Admissions

Iowa, 1980

Admitted to practice in all state and federal courts in Iowa, the Western District of Wisconsin, the Eighth Circuit Court of Appeals, the Federal Circuit Court of Appeals, the Court of Claims, and the United States Supreme Court. Admitted pro hac vice in numerous state and federal courts across the United States.

Professional Experience

Law Clerk, Hon. Harold D. Vietor, U.S. District Court, Southern District of Iowa, 1980-1982

Great Plains Real Estate Dev. Corp. v. Union Cent. Life Ins. Co., 536 F.3d 939 (8th Cir. 2008). Successfully represented Union Central Life and related defendants in challenge to prepayment premium in commercial loan documentation. In a case of first impression in Iowa, the Court upheld the enforceability of a prepayment premium where the prepayment was voluntary.

City of Burlington v. Burlington N. Santa Fe Corp., No. 3:04-cv-80040 (S.D.Iowa). Successfully defended BNSF Railway Company and Burlington Northern Santa Fe Corporation in a complex contract and real estate dispute over riverfront property in the City of Burlington, which the City contended was governed by agreements entered into in the 1800s.

Gen. Motors Acceptance Corp. v. Polk County, No. CV5045 (Iowa Dist. Ct.). Represented General Motors Acceptance Corporation in a constitutional Commerce Clause and Equal Protection challenge to Iowa’s Loan Agencies Tax. The District Court held in favor of GMAC, striking down the Loan Agencies Tax as unconstitutional and ordering the defendants to refund over $1,600,000 in taxes.

Bublitz v. E.I. duPont de Nemours & Co., No. 4-00-cv-90247 (S.D.Iowa). Co-counsel for plaintiffs in ERISA class action seeking to enforce Change in Control Agreement for management employees upon sale of Pioneer to duPont. The class was certified and the action ultimately was resolved shortly before trial.